Former US Xpress attorney disbarred for fraud
A former in-house attorney for US Xpress has been disbarred for bilking his company and faking Equal Employment Opportunity Commission complaints
Attorney Glen Ray Fagan has been disbarred from practicing law by the Georgia Supreme Court, reports Law.com.
Fagan was found by a special master investigating the case to have filed falsified complaints on behalf of two employees of Chattanooga, Tenn.-based US Xpress. Fagan was associate general counsel at the company from 2015 to 2019. He oversaw employment-related lawsuits, administrative charges and complaints and allegations of employee misconduct.
Two cases led to the former attorney being disbarred. He was found to have bilked his company out of $41,000 through the two cases.
In April 2018, he falsified an Equal Employment Opportunity Commission complaint allegedly filed by Karen Sawyer, a former employee. Using the law firm Kirk James and Associates, he set up a mediation that led to a settlement agreement and general release for Sawyer’s case. Fagan signed both, forging Sawyer’s signature on the documents, according to special master Adam M. Hames. Fagan deposited a $27,000 check from U.S. Xpress to Kirk James, which he later converted for his own use, according to the Supreme Court opinion.
Another confidential settlement and release was forged by Fagan in the name of Virginia Ladd. In that case, U.S. Xpress paid out $14,000 to Kirk James, which again was converted for Fagan’s use.
In August 2019, the EEOC contacted US Xpress about settling the Ladd case. That was when U.S. Xpress became aware of Fagan’s misconduct. Fagan resigned from U.S. Xpress in February 2019. He entered into an agreement to payback the $41,000 in fraudulent settlements plus $4,243.29 in interest.
Fagan was placed on suspension for five years by the Tennessee Supreme Court in 2021. He resigned from the Georgia bar before the U.S. Xpress complaints were brought.
The Georgia Supreme Court ruled his status as an attorney and member of the bar should not be as a “resigned member” but should reflect that he had been disciplined. LL
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